00                      CS FOR HOUSE BILL NO. 146(STA)                                                                    
01 "An Act relating to fireworks; repealing restrictions on the sale of fireworks; directing                               
02 the Department of Public Safety to adopt fireworks regulations; and providing for an                                    
03 effective date."                                                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 11.81.900(b)(24) is amended to read:                                                               
06 (24)  "explosive" means a chemical compound, mixture, or device that                                                    
07 is commonly used or intended for the purpose of producing a chemical reaction                                           
08 resulting in a substantially instantaneous release of gas and heat, including dynamite,                                 
09 blasting powder, nitroglycerin, blasting caps, and nitrojelly, but excluding salable                                    
10       fireworks as defined in regulation [AS 18.72.100], black powder, smokeless powder,                            
11       small arms ammunition, and small arms ammunition primers;                                                         
12    * Sec. 2. AS 18.72.010 is repealed and reenacted to read:                                                          
13            Sec. 18.72.010. Regulation of fireworks. (a) The Department of Public Safety                               
14       shall adopt regulations for the purpose of protecting life and property from fire and                             

01 explosion by establishing minimum standards for fireworks, including sale, storage,                                     
02       distribution, and use.                                                                                          
03 (b)  The commissioner of public safety may establish by regulation, and the                                             
04 Department of Public Safety may charge, reasonable fees for fireworks permits and                                       
05       inspections.                                                                                                      
06 (c)  During reasonable business hours, the Department of Public Safety may,                                             
07 for the sole purpose of inspecting fireworks for compliance with regulations adopted                                    
08 under this section, enter a building where fireworks are stored or kept. This subsection                                
09 may not be construed to authorize entry into a private residence in which fireworks                                     
10       may be stored for personal use.                                                                                   
11    * Sec. 3. AS 18.72.040 is amended to read:                                                                         
12 Sec. 18.72.040. Criminal penalty. A person who recklessly fails to comply                                             
13 with [A PROVISION OF THIS CHAPTER OR] fireworks regulations adopted under                                           
14 AS 18.72.010 [IN THE FIRE SAFETY CODE] is guilty of a class B misdemeanor.                                          
15 Each day of noncompliance constitutes a separate offense. In this section, "recklessly"                                 
16       has the meaning given in AS 11.81.900.                                                                          
17    * Sec. 4. AS 18.72.060 is amended to read:                                                                         
18 Sec. 18.72.060. Municipal regulation of fireworks. Fireworks [THIS                                                  
19 CHAPTER AND FIREWORKS] regulations adopted under AS 18.72.010 [THE FIRE                                             
20 SAFETY CODE] supersede the provisions of an ordinance adopted by a city or                                              
21 borough, whether before or after May 23, 1969, that are less restrictive than [THIS                                     
22 CHAPTER OR] the regulations [CODE]. However, nothing in this section affects the                                    
23 authority of a city or organized borough under other law to prohibit or regulate more                                   
24 restrictively than regulations adopted under AS 18.72.010 [THIS CHAPTER] the                                        
25       offering for sale, exposure for sale, sale, use, or explosion of fireworks.                                     
26    * Sec. 5. AS 18.72.020, 18.72.030, and 18.72.100 are repealed.                                                     
27    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
28 read:                                                                                                                   
29 TRANSITION: REGULATIONS. The Department of Public Safety may adopt                                                      
30 regulations necessary to implement the changes made by this Act. The regulations take effect                            
31 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law                             

01 implemented by the regulations.                                                                                         
02    * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c).